Coming Soon: Kagangate

Supreme Court: Forget unconvincing liberal demands that Clarence Thomas recuse himself from the ObamaCare case because his wife is a Tea Partyer. Ex-Obama operative Elena Kagan has a true conflict.

To buttress the flimsy case of leftist groups like Common Cause that he step down from judging whether ObamaCare is unconstitutional, 20 House Democrats last week called for an investigation into Justice Thomas' not filling out financial disclosure forms to their satisfaction regarding his wife's political activities.

Ginni Thomas' pro-limited government activist group Liberty Central has indeed gone after ObamaCare. But as Mrs. Thomas pointed out last year, there are plenty of "judicial wives and husbands out there causing trouble; I'm just one of many."

The most glaring example is former Pennsylvania Gov. Ed Rendell, a very early Bill Clinton supporter. In 1997, Clinton appointed Rendell's wife to the U.S. Third Circuit Court of Appeals — whose jurisdiction includes Pennsylvania — where she continues to sit. Then, in 1999, Clinton made Rendell himself chairman of the Democratic National Committee.

In the case of Justice Kagan, the issue is not political pillow talk but direct conflict of interest — plus statements that could lead to a full-blown Kagangate scandal.

As LifeNews.com reports, Eric Holder's Justice Department has rebuffed numerous Freedom of Information Act requests to get to the bottom of Kagan's role as solicitor general in the successful Obama political strategy to get health reform enacted. But internal communications that are already public themselves make for a smoking gun.

How about this Jan. 8, 2010, email featuring the subject line "Re: Health Care Defense" from former Deputy Solicitor General/now-acting Solicitor General Neal Katyal to Associate Attorney General Brian Hauck: "Brian, Elena would definitely like OSG (Office of Solicitor General) to be involved in this set of issues ... we will bring in Elena as needed."

In another email that same day, Hauck asked Katyal about putting together a group "to defend against inevitable challenges" to ObamaCare. Ketel replies, "Absolutely right on. Let's crush them. I'll speak with Elena and designate someone."

Judicial Watch and the Media Research Center have gallantly used the FOIA law to try to obtain documents that would determine whether Kagan, in her Supreme Court nomination testimony, and administration officials were being deceitful in claiming that she was not involved in getting Obama-Care passed. The House Judiciary Committee is probing Kagan's involvement.

Kagan sat out 28 cases on the high court last year because she was Obama's main Supreme Court litigator, and she is recusing herself from a copyright case this year. But on the high-stakes ObamaCare issue she portrays herself as a disinterested bystander.

The evidence already suggests this was untrue, with more evidence likely on its way courtesy of congressional investigators. A Kagan recusal may just be the beginning of another Obama scandal.

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